H*3932(Rat #0092, Act #0047 of 2001)  General Bill, By Law, Hinson, Merrill and 
Dantzler

Similar(S 602)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 58-3-240 SO AS TO EXEMPT FROM THE PUBLIC SERVICE COMMISSION'S REGULATIONS
 THOSE UTILITY SERVICES PROVIDED FOR IN CHAPTERS 5 AND 7 OF TITLE 58, EXCEPT
 FOR THE PROVISION OF GAS SERVICE, PROVIDED TO AN INDUSTRIAL USER WHEN THE USER
 AND PROVIDER HAVE AGREED TO A WRITTEN CONTRACT FOR THE SERVICES, THE USER IS
 LOCATED IN A PRIVATELY OWNED INDUSTRIAL PARK, AND WHERE JURISDICTIONAL
 UTILITIES HAVE AGREED IN WRITING TO WAIVE THEIR RIGHT TO NOTICE AND
 OPPORTUNITY FOR A HEARING ON THE CONTRACT, AND REQUIRE THE PROVIDER OF UTILITY
 SERVICES TO FILE THE WRITTEN AGREEMENT WITH THE COMMISSION.-AMENDED TITLE

   04/11/01  House  Introduced and read first time HJ-31
   04/11/01  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-32
   04/25/01  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-3
   04/26/01  House  Amended HJ-22
   04/26/01  House  Read second time HJ-23
   04/26/01  House  Unanimous consent for third reading on next
                     legislative day HJ-23
   04/27/01  House  Read third time and sent to Senate HJ-3
   05/01/01  Senate Introduced and read first time SJ-14
   05/01/01  Senate Referred to Committee on Judiciary SJ-14
   05/09/01  Senate Committee report: Favorable Judiciary SJ-26
   05/14/01  Senate Read second time SJ-19
   05/14/01  Senate Ordered to third reading with notice of
                     amendments SJ-19
   05/15/01  Senate Read third time and enrolled SJ-9
   05/23/01         Ratified R 92
   05/29/01         Signed By Governor
   06/12/01         Effective date 05/29/01
   06/12/01         Copies available
   06/12/01         Act No. 47

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-240 SO AS TO EXEMPT FROM THE PUBLIC SERVICE COMMISSION'S REGULATIONS THOSE UTILITY SERVICES PROVIDED FOR IN CHAPTERS 5 AND 7 OF TITLE 58, EXCEPT FOR THE PROVISION OF GAS SERVICE, PROVIDED TO AN INDUSTRIAL USER WHEN THE USER AND PROVIDER HAVE AGREED TO A WRITTEN CONTRACT FOR THE SERVICES, THE USER IS LOCATED IN A PRIVATELY OWNED INDUSTRIAL PARK, AND WHERE JURISDICTIONAL UTILITIES HAVE AGREED IN WRITING TO WAIVE THEIR RIGHT TO NOTICE AND OPPORTUNITY FOR A HEARING ON THE CONTRACT, AND REQUIRE THE PROVIDER OF UTILITY SERVICES TO FILE THE WRITTEN AGREEMENT WITH THE COMMISSION.

Be it enacted by the General Assembly of the State of South Carolina:

Certain utility services exempt from regulation

SECTION 1. The 1976 Code is amended by adding:

"Section 58-3-240. (A) As used in this section:

(1) 'privately owned industrial park' means a privately owned tract of real property which is used solely for industrial uses, in which the provider of utility services owns or operates an industrial premises and owns or operates facilities for the provision of utility services and on which there is located one or more industrial users. The term 'privately owned industrial park' also means those additional tracts as may be subsequently incorporated into the industrial park;

(2) 'industrial premises' means a building, structure, plant, or facility which is located in a privately owned industrial park and is owned or leased by an industrial user;

(3) 'industrial user' means any person, corporation, or association which is engaged in the business of manufacturing, processing, assembling, fabricating, or related work;

(4) 'provider of utility services' means a person, corporation, or association, other than a regulated public utility or its affiliates that offer or provide, or both, utility services to the public or any portion of it outside a privately owned industrial park, which provides any or all of those services which are defined in Chapters 5 and 7 of this title, excluding gas, and subject to regulation by the commission and where the services are provided to an industrial user in a privately owned industrial park; and

(5) 'jurisdictional utilities' means those persons, corporations, associations, or political subdivisions which provide services subject to the jurisdiction of the commission under Chapters 5 and 7 of this title, excluding gas.

(B) The provisions of Chapters 5 and 7 of this title, excluding gas, are not applicable to the provision of utility services to industrial users of these services where the industrial users are located in a privately owned industrial park where the provider of utility services and the industrial user have agreed in writing to the terms and conditions for the provision of utility services and where all jurisdictional utilities which would have a right to provide any or all of the utility services have agreed in writing to waive their right to further notice and opportunity for hearing with respect to the written agreement and the provision of the services under the terms of the agreement.

(C) Within twenty days after the execution of a written agreement between a provider of utility services and an industrial user pursuant to subsection (B) of this section, the provider of utility services shall file with the commission, for information only, the written agreement and all waivers executed by jurisdictional utilities pursuant to subsection (B)."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 23rd day of May, 2001.

Approved the 29th day of May, 2001.